Marshall v. United States of America
| Terry E Marshall |
| United States of America |
| 1:2019cv01100 |
| March 20, 2019 |
| US District Court for the Central District of Illinois |
| Joe Billy McDade |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2241 |
| None |
Docket Report
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| Filing 7 +++ PRISONER TRUST FUND LEDGER. by Terry E Marshall (FDS, ilcd) |
| Filing 6 MOTION to Dismiss (filed in letter form) by Petitioner Terry E Marshall. Responses due by 5/9/2019 (FDS, ilcd) |
TEXT ORDER entered by Judge Joe Billy McDade on 4/25/19. The Court is in receipt of Petitioner's letter dated April 23, 2019 #6 . In the letter, Petitioner asks the Court not to consider his previous letter #1 as a motion under 28 U.S.C. 2241. However, that letter expressly stated it was written and filed "in place of a Motion under Section 2241." This leaves the Court without a vehicle through which to consider Petitioner's claim. See Rosch v. Dir., U.S. Parole Comm'n, 89 F.3d 839 (7th Cir. 1996) (noting 2241 is the proper vehicle to challenge the execution of a sentence). The Court therefore construes Petitioner's most recent letter #6 as a voluntary dismissal of his claim pursuant to Federal Rule of Civil Procedure 41(a)(1)(A); such dismissals are without prejudice, Fed. R. Civ. P. 41(a)(1)(B), meaning Petitioner is not barred from refiling his claim in the future. As this case has been voluntarily dismissed, all outstanding motions are DENIED AS MOOT. The Clerk is directed to close this case and mail a copy of this Text Order as well as a copy of the docket to Petitioner. (FDS, ilcd)
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STRICKEN PURSUANT TO 4/23/2019 COURT ORDER: TEXT ORDER granting #2 Motion for Leave to Proceed in forma pauperis entered by Judge Joe Billy McDade on 4/23/2019. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $16.61. However, Plaintiff's trust fund ledgers indicate he has no funds to pay the initial partial filing fee. Pursuant to 28 U.S.C. Section 1915(b)(4), the initial partial filing fee is waived. See also, Bruce v. Samuels, 136 S. Ct. 627, 629 (2016). The agency having custody of Plaintiff is directed to make monthly payments of 20 percent of the preceding month's income credited to Plaintiff's account to the Clerk of Court. Income includes all deposits from any source. The agency having custody of Plaintiff shall forward these payments each time Plaintiff's account exceeds $10, until the filing fee is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff's place of confinement, to the attention of the Trust Fund Office. (EWL, ilcd) Modified on 4/25/2019 (JRK, ilcd).
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TEXT ORDER entered by Judge Joe Billy McDade on 4/23/2019. The previous Text Order issued on April 23, 2019, is hereby STRICKEN from the docket. Petitioner's Motion for Leave to Proceed in forma pauperis #2 is GRANTED. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court is required to assess an initial partial filing fee, which comes to $16.61 and exceeds the $5.00 filing fee Petitioner actually owes. Regardless, Petitioner's trust fund ledgers indicate he has no funds to pay the $5.00 fee that is owing, so the fee will not be exacted at this time. See 28 U.S.C. Section 1915(b)(4); Bruce v. Samuels, 136 S. Ct. 627, 629 (2016) ("The initial partial filing fee may not be exacted if the prisoner has no means to pay it."). The agency having custody of Petitioner is directed to make monthly payments of 20 percent of the preceding month's income credited to Petitioner's account to the Clerk of Court. Income includes all deposits from any source. The agency having custody of Petitioner shall forward these payments each time Petitioner's account exceeds $10, until the filing fee is paid in full. The Clerk is directed to mail a copy of this Order to Petitioner's place of confinement, to the attention of the Trust Fund Office. (EWL, ilcd)
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| Filing 5 +++ PRISONER TRUST FUND LEDGER. by Terry E Marshall (FDS, ilcd) |
| Filing 4 MOTION to Substitute Party, United States of America to be replaced by WARDEN, FCI PEKIN, by Respondent United States of America. Responses due by 4/30/2019 (Walters, Greggory) |
| Filing 3 NOTICE of Appearance of Attorney by Greggory R Walters on behalf of United States of America (Walters, Greggory) |
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TEXT ORDER entered by Judge Joe Billy McDade on 4/9/2019. The Court is in receipt of Petitioner's Motion for Leave to Proceed in forma pauperis #2 . However, Petitioner failed to attach to the motion the requisite certified copy of his institutional trust fund account statement for the preceding six months. See 28 U.S. Code 1915(a)(2) (A prisoner... proceeding without prepayment of fees... shall submit a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding[.]). Petitioner is hereby ORDERED to submit the requisite trust fund logs or request the institution transmit those logs to the Court. In the event the institution will not release the logs without a court order, the Petitioner shall so notify the Court. (EWL, ilcd)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Petitioner Terry E Marshall. Responses due by 4/18/2019 (FDS, ilcd) |
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TEXT ORDER entered by Judge Joe Billy McDade on 3/25/2019. The Court notes Petitioner has neither paid the applicable $5.00 filing fee nor submitted a motion to proceed in forma pauperis. The Court will postpone its requisite Rule 4 assessment of this Petition until Petitioner has either paid the filing fee or filed a motion to proceed in forma pauperis. If Petitioner does not either pay the filing fee or file a motion to proceed in forma pauperis within twenty-eight (28) days of the date of this Text Order, his Petition will be dismissed for failure to prosecute. (EWL, ilcd)
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| Filing 1 PETITION for Writ of Habeas Corpus (2241) filed by Terry E Marshall.(FDS, ilcd) |
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| Respondent: United States of America | |
| Represented By: | Kimberly A Klein |
| Represented By: | Greggory R Walters |
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| Petitioner: Terry E Marshall | |
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